According to the state representative for data protection and freedom of information in Baden-Württemberg, Dr. Stefan Brink, should Microsoft 365 disappear from schools in the state. Pupils should be given alternatives for school operations by the summer holidays of 2022. From the coming school year, the use of MS 365 in schools should then be ended. Otherwise, the schools would have to provide clear evidence that the Redmond company’s cloud service was operated in compliance with data protection regulations.
Brink will according to official announcement Approach schools that use the Microsoft 365 (MS 365) or MS Teams cloud service shortly. He will then present his legal assessment and demand a binding schedule that provides for the switch to alternatives. The state representative will visit 40 schools and look at the individual cases. This was preceded by lengthy talks with the Baden-Württemberg Ministry of Education.
The use of MS 365 in schools was tested together. Microsoft and the service providers involved provided a functionally limited and data protection-compliant configuration of MS 365 for the pilot operation. Features that are questionable from a data protection point of view, such as the collection of telemetry and diagnostic data, were switched off. In addition, there were other security functions and accounts only for teachers, but not for students.
Nevertheless, as early as April 2021, the state commissioner for data protection and freedom of information advised against using MS 365. As part of the previously held pilot project, it was not possible to find a data protection-compliant solution. You can find more information about the whole matter here z. B. hier and here too. Instead of MS 365, there are recommendations for the learning platforms Moodle and itslearning or the web conference system BigBlueButton, for example.
Schools that still want to use MS365 and believe their individual configurations are compliant with data protection legislation then need to break down how they intend to ensure compliant operations. They must clearly prove this in the course of their accountability according to Article 5 paragraph 2 of the General Data Protection Regulation. Whether there will be many “ricochets” is not yet foreseeable.
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